JAGDISH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has been arrested for allegedly committing an offence under Sections 363, 366A and 376, registered in Police Station Bhava Nagar District Kinnaur, as such the instant application under Section 439 of the Code of Criminal Procedure for his enlargement on bail has been moved.

(2.) IN short, prosecution case is that on 14.12.2009, prosecutrix (about 16 years) was found missing from the house of her parents. Later, father of the prosecutrix came to know about her elopement. He lodged the FIR. Prosecutrix was recovered from the house of the Petitioner.

(3.) I have also gone through the statement of the prosecutrix recorded under Section 161 of the Code of Criminal Procedure wherein she is stated to have left the guardianship of her parents herself. Suffice it to say the Petitioner can be safely enlarged on bail on his furnishing bonds in the sum of Rs. 10,000/ - with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Kinnaur. However, this bail shall be subject to the condition that the Petitioner: